Clickwrap agreements allow user acceptance to be captured in a single click. 

 

What is a clickwrap agreement?

A clickwrap (also known as a clickthrough, shrink-wrap, or sign-in-wrap) is an agreement in which the user signifies her acceptance of an online agreement by clicking a button or checkbox that states “I agree” after being presented with the contract.

A clickwrap agreement is an enforceable way to present contracts to a large volume of users and can be integrated on your website, mobile app, or online store.

Clickwrap Example Mockup_web

 

Types of agreements that use clickwrap

Common types of agreements that use a clickwrap include but are not limited to:

  • Terms and conditions (or Terms of service, Terms of Use)
  • Privacy policies
  • Non-disclosure agreements
  • End user license agreements (EULAs)

Clickwrap agreements can also be used for HR onboarding documents, sales agreements like SLAs, MSAs, and sales order forms, and any standardized agreement that you regularly present for acceptance.

Are clickwrap agreements enforceable in court?

Generally speaking, clickwrap agreements are found enforceable when they follow best practices. Courts generally determine the validity of a clickwrap agreement by determining:

  • If the user actually accepted the agreement;
  • If there was conspicuous notice of the agreement, and if the user had actual or inquiry notice of the agreement;
  • The design and layout of the screen with the clickwrap agreement. 

There are three types of evidence that have had the most success in enforcing the clickwrap agreement in court:

  • Screenshots of what the screen looked like when the contract was presented to and accepted by the user.
  • Back-end records that indicates who accepted the agreements, at what date and time, and on what device.
  • Affidavits/Declarations from developers or executives about the company’s contract acceptance method.

When a clickwrap agreement follows best practices, keeps robust records, and is designed to provide conspicuous notice to users, it is typically enforceable. 

What's the difference between a clickwrap and a browsewrap agreement?

While clickwrap and browsewrap agreements have many similarities, there is one key distinction that makes a clickwrap agreement the safest choice to protect your company.

A clickwrap agreement conspicuously presents an agreement to a user and requires that she click a button or box that says "I agree" before proceeding to the next screen. Browsewrap, on the other hand, does not often provide conspicuous notice of an agreement. It is a link at the foot of the page indicates the existence of the contract to the user, but the user is not required to accept the Terms.

Browsewraps are less likely to be upheld in court and recommended that your button and checkbox be kept separate.

How can PactSafe help me with clickwrap agreements?

PactSafe was designed to take the hassle away from managing online agreements by saving time and reducing legal risk. PactSafe's comprehensive clickwrap solution provides recordkeeping and versioning, and captures crucial data points that improves the enforceability of your agreements.


New call-to-action

Loved by legal, sales, and product teams alike.